Do we have to wait for the Certified Funding before we can issue an RFP for the additional work required for the Differing Site? Or, while waiting for the money to be approved through the OARs process can we solicit an RFP? I have been given conflicting answers by several CO's. I have also attmepted to conduct my own reasearch and cannot find anything definitive.
Many agencies and Contracting Officers will allow its personnel to solicit a proposal without certified funding as long as the words "Contingent upon the availability of funds" are inserted into it. This language informs the offeror(s) that funding has not been secured and if the offeror(s) submits a proposal there is no guarantee that a contract action (modification, contract, etc.) will be awarded. So the offeror(s) is essentially submitting a proposal at its own risk. It should be mentioned that under no circumstances should you award a contract action without certified funding. This would be a violation of the Anti-Deficiency Act. Since we do not have all of the facts particular to your contract, program, and situation, we highly recommend that you consult with your Contracting Officer and Legal Office for further guidance.
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